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HomeMy WebLinkAbout01-12-15 Council Agneda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, JANUARY 12, 2015 7:00 P.M. 1. INVOCATION - CHAIRMAN JOHN WARREN OF THE POKAGON BAND OF POTAWATOMI 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 58 -14 PUBLIC HEARING ON A BILL TO AMEND THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 59 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 66 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL PRACTICES AND PROCEDURES 8. BILLS, THIRD READING BILL NO. TIME: 58 -14 THIRD READING ON A BILL TO AMEND THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE. COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 59 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION 66 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL PRACTICES AND PROCEDURES 9. RESOLUTIONS BILL NO. 10. BILLS, FIRST READING BILL NO. O1 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS BY THE CITY OF SOUTH BEND, INDIANA TITLED AS ECONOMIC DEVELOPMENT INCOME TAX BONDS OF 2015 AND OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE PAYMENT OF INCIDENTAL EXPENSES ON ACCOUNT OF THE ISSUANCE OF THE BONDS AND REPEALING ORDINANCES INCONSISTENT HEREWITH 02 -15 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED IN PORTIONS OF THE 500, 600, 700, 800, 900 BLOCKS OF INDIANA AVENUE, PORTIONS OF THE 1500 BLOCKS OF PRAIRIE AVENUE, KEMBLE STREET, CATALPA STREET, CHAPIN STREET, KENDALL STREET, SCOTT STREET AND TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 03 -15 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: ALL PUBLIC ALLEYS AND STREETS BOUNDED BY KEMBLE STREET ON THE WEST, THE NORFOLK & SOUTHERN RAILROAD (OLD PENN CENTRAL RR) ON THE NORTH, SCOTT STREET ON THE EAST AND INDIANA AVENUE ON THE SOUTH ALL IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13, PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. `«No% s7-(y ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430 MISHAWAKA AVE, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT REZONE TO ALLOW FOR AUTO REPAIR NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THE NORTH 62.5' OF LOT 77 & WEST 8.7' OF LOT 76 OF EUCLID PARK ADDITION be and the same is hereby established as CB Community Business District SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Comm n Council p End Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 20_, at o'clock m. City Clerk Approved and signed by me on the day of 20. at o'clock .m. r ,AUNG L� -k3'1i PUELiC hii.!;rU IG J rug tr'A.biNG KO AP; QVZ RUERPEQ PD-(3—(Y PASSE15 Mayor of the City of South Bend, Indiana Filed in Clarks Office �C I ti 2014 JOHN VOORDE CITY CI ERK. S TH BEND, IN PETITION TO REZONE Q11 of South Bendd, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: 1430 Mishawaka 2) The property Tax Key Number(s) Ware: 18- 6024 -3703 3) Name and address of property owner(s) of the petition site: G Family Properties 51820 Deer Trail Granger, IN 46350 574- 208 -7369 Name and address of additional property owners, if applicable: 4) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: LB Local Business District N/A To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Auto Repair 7) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Santos Rios 421 S 300 E LaPorte, IN 46350 of a {l,propertyfwner(s); or signature of Attorney for all property owner(s): ONN l{C8Q Dlq E CITY CLERIC, $CJUTH MEND, IN C LAWRENCE MAGLIOZZ EXECUTIVE DIRECTOR Angela M. Smith D,p u, J. Di r, c or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 127 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (5741 335 -9571 Wednesday, November 19, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community Business District, and seeking the following three variances: 1) from the required 20' front setback for parking to 0; 2) from the required 7 parking spaces to 2; and 3) from the required Type B: partial screening on the south property line to a 6' privacy fence, property located at 1430 Mishawaka Avenue, City of South Bend - APC# 2726 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of G Family Properties was legally advertised on Thursday, November 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2014 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community Business District, property located at 1430 Mishawaka Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The site has been commercial for many years and is part of the larger Mishawaka Avenue commercial strip. The rezoning will allow an adaptive reuse of the site consistent with the other commercial uses in the area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi /6-17 1 Attachment CC: G Family Properties Santos Rios t / &V r SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.STJ OEEPH COUNTY INDIANA.COM/AREAPLAN Staff AW ort 11/6/2014 APC # 2726 -14 Owner: G Family Properties Location: 1430 Mishawaka Avenue Jurisdiction: City of South Bend Public Hearing Date: 11/18/2014 Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District and three variances. Land Uses and Zoning: On site: On site is an existing commercial structure. North: To the north across Mishawaka Avenue are single family homes zoned SF2 Single Family & Two Family District and a gas station zoned CB Community Business. East: To the east is a commercial building zoned MU Mixed Use District. South: To the south is a single family home zoned SF2 Single Family & Two Family District. West: To the west across Clover Street is a commercial building zoned LB Local Business District. District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: The site is approximately a 4,000 square foot lot with an existing 1,300 square foot building. The existing building has 2 service bays that front Mishawaka Avenue. The remainder of the lot is paved. Due to the size of the lot and room for drive aisles, the petitioner is seeking a variance from the required 7 parking spaces to 2 spaces. The parking shown on the aerial photograph that extends in to the public right -of -way is not permitted without special approval by the Board of Public Works. There is an existing 6' privacy fence separating this property from the single family home to the south. The petitioner would like to maintain this fence in place of the required Type B: Partial Screening required. Zoning and Land Use History And Trends: Mishawaka Avenue has historically been a mix of commercial and residential uses. The site was previously a gas station and has operated with auto oriented uses even after the removal of the gas pumps. APC # 2726 -14 Page] of 3 Staff Re -ort 11/6/2014 2) from the required 7 parking spaces to 2; and 3) from the required Type B: partial screening on the south property line to a 6' privacy fence. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: The site has been commercial for many years and is part of the larger Mishawaka Avenue commercial strip. The rezoning will allow an adaptive reuse of the site consistent with the other commercial uses in the area. APC # 2726 -14 Page 3 of 3 tutu Ls L d Oi Mishawaka Rezoning from: "LB" LOCAL BUSINESS DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT N MASTER ZONING KEY w E SOUTH BEND "SF2" SINGLE F.AIv1ILY.AND TWO FAMILY DISTRICT S SOUTH BEND "IvIU "MIXED USE DISTRICT 1 inch = 50 feet SOUTH BEND '18" LOCAL BUSINESS DISTRICT �SOUTH BEND "CB "COIv1Iv1UNITY BUSINESS DISTRICT APG # 2726 -14 018 - 6024 - 0642 71- 09 -18- 129 - WIESEN 2043 South Bend South Bend IN 46637 011.000 -026 BLOSSOM AND Ave Ste 208 SHAUL 018 - 6024 -0639 71 -09 -18 -129- BROSH 2043 South Bend South Bend IN 46637 008.000 -026 NACHSHON Ave Ste 208 018- 6024 -0629 71 -09 -18 -128- HAILEY LYNN 915 Clover St South Bend IN 46615 021.000 -026 ANNE 018- 6024 -0652 71 -09 -18 -129- BROCK MICAH 4100 Albion St Denver CO 80216 019.000 -026 DAVID #622 018 - 6120 -4314 71 -09 -07 -382- BLUE JEFFREY 1422 Chester St South Bend IN 46617 014.000 -026 A& MARGUERITE �18- 6024 -0643 71 -09 -18- 129 - JIANG 938 Monarch Rochester IN 46975 012.000 -026 DONALD AND Lane EUGENE JTWFROS NOT AS TIC SEE TRANSFER NOTE 018 - 6024 -0633 71 -09 -18 -128- STEVENS 2313 Cinema Dr Fuquay Varina NC 27526 025.000 -026 PATRICK L 018 - 6024 -0632 71 -09 -18 -128- CECRLE 927 Clover St South Bend IN 46615 024.000 -026 STEVEN 018 - 6024 -0651 71- 09 -18- 129 - RAMIREZ 916 Oakland St South Bend IN 46615 018.000 -026 SANDRA AND CRUZ ANGIE RAMIREZ 018- 6024 -0641 71 -09 -18 -129- DONAT BRUCE 924 Clover South Bend IN 46615 010.000 -026 018 - 6024 -0631 71 -09 -18 -128- FUNKE 923 Clover South Bend IN 46615 023.000 -026 LAWRENCE AND BELT ELIZABETH 018- 6021 -0523 71 -09 -18 -128- REED 924 Oakland South Bend IN 46615 012.000 -026 MICHAEL P JR 018 - 6028 -0795 71 -09 -18 -201- GALBAVY 914 South Bend IN 46615 009.000 -026 CONSTANCE M Twyckenham Dr & GLEN 018- 6021 -0521 71 -09 -18 -128- SECRETARY OF 4400 Will Rogers Oklahoma City OK 73108 010.000 -026 HOUSING AND Pkwy Ste 300 URBAN DEVELOPMENT 018 - 6028 -0789 71 -09 -18 -201- NGUYEN 70200 Bolsa Ave Westminster CA 92683 001.000 -026 THIEN MINH #SP 23 018- 6024 -0648 71 -09 -18 -129- HAMMOND 723 W Maumee Angola IN 46703 015.000 -026 BURKE E St C/O TOM WILSON 018 - 6024 -0638 71 -09 -18 -129- MERICA 912 914 Clover St South Bend IN 46615 50733 Tarrington Granger 007.000 -026 MARJORIE & 018 - 6024 -0626 71 -09 -18 -128- HOLM 51955 Hinton Granger 006.000 -026 RENTALS LLC WEATHERS 71 -09 -18 -128- SHAFFER 51955 Hinton Granger 005.000 -026 CONSTANCE S 018 - 6021 -0515 SUSAN LYNN SHAFFER 1402 Mishawaka South Bend 004.000 -026 CONSTANCE S 018- 6024 -0628 71 -09 -18 -128- HOLM 50733 Tarrington Granger IN 46530 020.000 -026 RENTALS LLC Way STANTE 035.000 -026 018- 6021 -0520 71 -09 -18 -128- SHAFFER 51955 Hinton Granger IN 46530 009.000 -026 CONSTANCE S Lane 018- 6021 - 052001 71 -09 -18 -128- PRAGMATIC 1402 Mishawaka South Bend IN 46615 008.000 -026 PROPERTIES Ave LLC 018- 6125 -4511 71 -09 -07 -453- SOUTH BEND 215 SOUTH ST South Bend IN 46601 001.000 -026 COMMUNTIY JOSEPH ST SCHOOLCORP 2000 SCHOOL BUILDING CORPORATION 018 - 6024- 063701 71 -09 -18 -129- MATTHEWS 910 Clover South Bend IN 46615 002.000 -026 PAUL 018 - 6024 -0646 71 -09 -18 -129- ROGGE 2880 Yankee St Niles MI 49120 005.000 -026 JEANNE 018 -6024 -0647 71 -09 -18 -129- ROGGE 2880 Yankee St Niles MI 49120 004.000 -026 JEANNE 018 - 6024 - 063702 71 -09 -18 -129- ZIMMER JACK 1062 Oak Forest Onalaska WI 54650 003.000 -026 EDWARD REV Drive Ste 140 TRUSTJACK EDWARD ZIMMER TRUSTEE 018- 6024- 063703 71 -09 -18 -129- G FAMILY 1104 Mishawaka South Bend IN 46615 001.000 -026 PROPERTIES Ave SEE TRANSFER 50733 Tarrington Granger IN NOTE 018 - 6024 -0627 71 -09 -18 -128- HOLM 50733 Tarrington Granger 007.000 -026 RENTALS LLC 018 - 6024 -0626 71 -09 -18 -128- HOLM 51955 Hinton Granger 006.000 -026 RENTALS LLC 018 - 6021 -0514 71 -09 -18 -128- SHAFFER 51955 Hinton Granger 005.000 -026 CONSTANCE S 018 - 6021 -0515 71 -09 -18 -128- SHAFFER 1402 Mishawaka South Bend 004.000 -026 CONSTANCE S 018- 6021 -0516 71 -09 -18 -128- PRAGMATIC 003.000 -026 PROPERTIES LLC 018 - 6120 -4337 71 -09 -07 -382- STANTE 035.000 -026 DONALD D & JERRY L AN UND (1/2) INT 50733 Tarrington Granger IN 46530 Way 50733 Tarrington Granger IN 46530 Way 51955 Hinton Granger IN 46530 Lane 51955 Hinton Granger IN 46530 Lane 1402 Mishawaka South Bend IN 46615 Ave 1441 Mishawaka Sout Ave aena- - -im _ qp;;ip Filed in fm 11 8 2014 JO"N V00i 10E CITY CLERK, $OUTH SEND, IN & STANTE DARRON D & AMY AN UND (1/2) INT AS TIC BETWEEN THE RESPECTIVE UND INT 018 -6120- 4336 71 -09 -07 -382- THOMPSON 1437 Mishawaka South Bend IN 46615 034.000 -026 TINA A Ave 018 - 6120 -4331 71 -09 -07 -382- BURNS 1417 Mishawaka South Bend IN 46615 029.000 -026 GERALDINE A Ave 018- 6120 -4329 71 -09 -07 -382- WEIR MICHELE 1506 E Evergreen Wheaton IL 60187 028.000 -026 St 018 - 6120 -4319 71 -09 -07- 382 - KIRK JOHN W 833S. South Bend IN 46615 019.000 -026 & KATHLEEN A Twyckenham 018- 6120 -4318 71 -09 -07 -382- SEILHEIMER 111 Marrakech Bellaire TX 77401 018.000 -026 DAN KEITH & Court REID BARBARA SUE 018 - 6120 -4317 71 -09 -07 -382- CRAIG 1438 Chester St South Bend IN 46615 017.000 -026 RODNEY L & KRISTINA R CRAIG 018 - 61204316 71 -09 -07 -382- BEMENDERFER 1434 Chester St South Bend IN 46615 016.000 -026 MARK & LAUREN 018 - 6120 -4313 71 -09 -07 -382- BLUE JEFFREY 1422 Chester St South Bend IN 46617 013.000 -026 A& MARGUERITE 018 - 6120 -4333 71 -09 -07 -382- PAIZ LOUIS 31 W Woodsage Westfield IN 46074 031.000 -026 Court 018 - 6120 -4332 71 -09 -07 -382- GODDEN PO Box 165 South Bend IN 46624 030.000 -026 MELANIE T 018- 6120 -4312 71 -09 -07 -382- TROEGER 1418 Chester South Bend IN 46615 012.000 -026 CASSIDY |/# � § ! ® ;_! ra #�;.. \� ; - { {� 2/ �_ The South Bend Common Council 1" District Council Member Tim Scott, Council President 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.5980 tsottnu,southbendin.gov January 8, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Bill No. 59 -14 Vacant Building Maintenance & Registration Dear Council Members: I am requesting that Bill No. 59 -14 be continued until our Council meeting of January 26, 2015, and referred back to the Health and Public Safety Committee so that additional information and data may be shared. Thank you. Most sincerely, Tim Scott, I't District Council Member Council President cc: Mayor Peter Buttigieg Scott Ford, Community Investment Director Office of the City Clerk S�s\_� � 6 %_ �( - R, -t y Substitute Bill No.59 -14 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 6 -37.1 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING VACANT BUILDING MAINTENANCE AND REGISTRATION STATEMENT OF PURPOSE AND INTENT On November 26, 2007, the South Bend Common Council passed Ordinance No. 9810 -07. That ordinance created city -wide regulations addressing the registration and maintenance of vacant and abandoned buildings. In 2007, the City of South Bend initiated a three -year program costing $6.825 million to reduce the City's vacant houses by more than 115 and to reduce abandoned housed by 72 %. On February 27, 2013, the "Vacant & Abandoned Properties Task Force Report" was released with Mayor Buttigieg called for 1,000 houses to be addressed in 1,000 days. A combination of rehabilitation and demolition activities has been ongoing. As of the introduction of this ordinance which would raise the annual registration fee, 606 properties have been addressed. The ongoing costs to the city for these programs are continuing to increase. Therefore the following fee adjustments are proposed, which are believed to be in the best interests of the City of South Bend, Indiana. Section I. Section 6 -37.1 (h) of the South Bend Municipal Code is hereby amended to read as follows: (h) Registration Fees. (1) The owner of any building required to be registered under this section shall pay an annual registration fee to the Department of Code Enforcement upon registration. However, the owner of a building that is vacant but not abandoned within the meaning of this section, who voluntarily registers the building pursuant to Subsection (d)(3), is not required to pay a registration fee. (2) If the building is used for or zoned for residential purposes and contains not more than three (3) residential units the registration fee shall be fia•• -'e'�0) two hundred fifty dollars ($250.00) per year. Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 2 (3) If the building is used or zoned for residential purposes and contains more than three (3) residential units, or if it is used or zoned for any non - residential purposes, the fee shall be two hundred and fia.. dell^..^ ($250.00) five hundred dollars ($500.00) for the first year or any part thereof, three hundred d seventy five dell ($375.00 seven hundred fifty dollars ($750.00) for the second year or any part thereof, and five hundred dollars ($500.000) one thousand dollars ($1,000.00) for the third and each subsequent year or any part thereof that the property is required to be registered pursuant to this section. (4) The purpose of the registration fee is to reimburse the Department of Code Enforcement for the costs of continual monitoring the property by trained staff, and the additional costs of responding to emergencies and property maintenance requirements for a vacant and abandoned building, which includes but is not limited to personnel costs associated therewith to see that there is compliance with regard to repairs, demolition, blight elimination, deconstruction, and legal expenses incurred by the city. (5) The Director of Code Enforcement shall have the limited authority to waive accrued fees and /or fines on a case by case basis when those costs are determined to impede positive action on an individual property to rehabilitate it for public benefit. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section IIl. this ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, I" District Council Member South Bend Common Council 12�ioa- John Voorde, City Clerk Ordinance Amending Vacant Building Maintenance and Registration Regulations Page 3 M,-6eim -Ay me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock _. m. Janice Talboom, Deputy Clerk erred ai l �nrd by me on the _ day m. -v -I- H l h READiFiG o PUILIC H€.ARTG 3 rd READII•,G X10T APPROVED RE ERR €D PASSED 2014, at _ o'clock Pete Buttigieg Mayor of the City of South Bend, Indiana Fite h '.Ito�rk's Office FL. -;6 2019 t JOHN 4tCPURD Gory' CLERK, SOUTE OLUD, IN Oliver J. Davis President Derek D. Dieter Vice - President City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd (574) 235 -9321 South Bend, Indiana 46601 -1830 Fax (574) 235 -9173 http://www.southbendin.gov Valerie Schey Chairperson, Committee of the Whole December 5, 2014 Tim Scott Members of the South Bend Common Council First District 4th Floor County -City Building Henry Davis, Jr. South Bend, Indiana 46601 Second District Re: Substitute Bill No. 59 -14 Regulations Vacant Building Maintenance and Valerie Schey Registration Fees Third District Dear Council Members: Fred Ferlic Fourth District Since Bill No. 59 -14 was filed with the Office of the City Clerk on October 2151,1 David Varner have had the opportunity to have additional discussions with the City Fifth District Administration on the process of potentially implementing the requested changes after they receive Council review and approval. Oliver J. Davis Sixth District Substitute Bill No. 59 -14 would provide a process for waiver of fees and/or fines on a limited case by case basis. Derek D. Dieter At Large I seek your support of these needed changes and look forward to discussing this Bill with you on Monday at the Health and Public Safety Committee.. Thank you. Gavin Ferlic At Large — ._ -- Most sincere y, Karen L. White At Large Tim c First District Council Member Attachment Red Al office 6, Z014 CITY CLERK, S0UTKat:r4t;. 1,4 stdl�i °a'tac���r� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 7, OF THE SOUTH BEND MUNICIPAL CODE TO ADDRESS SNOW REMOVAL PRACTICES AND PROCEDURES STATEMENT OF PURPOSE AND INTENT The winter months of 2014 presented substantial, unprecedented challenges to the City of South Bend's snow clearance services for its citizens. It also offered an opportunity to test the effectiveness of the City's parking restrictions as part of the City's snow clearance process. After critically assessing the current snow removal process and procedures, the City's Streets Division has concluded that changes to the current snow removal process should be implemented for reasons of safety, and efficacy in snow removal by the City's heavy equipment. Specifically, for snow clearance purposes, the City will require that on even numbered days, parking will be permitted solely on the side of City streets with even numbered addresses, and on odd numbered days, parking will be permitted solely on the side of City streets with odd numbered addresses. This ordinance implements such a procedural change. It also designates the Director of Public Works for the City of South Bend, rather than the City Engineer, to make snow removal decisions in addition to the mayor, but reserves exclusively for the mayor the decision to declare a "winter weather emergency condition. ". Finally, because public failure to comply with snow removal procedures has a substantial impact upon overall safety and upon the effectiveness of snow removal, this ordinance increases the penalty for violation from Twenty-five dollars ($25.00) to One Hundred dollars ($100.00), NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, as follows: Section I. Chapter 20, Article 7, Section 20 -101, subpart (d) shall be and hereby is Amended to read as follows: Sec. 20 -101. Definitions. (d) Winter weather emergency condition means a formal declaration by the mayor or, in the mayor's absence *I a �� �� • L L r , the mayor's designee, gnee, that the occurrence or eimminent threat of widespread or severe damage, injury or loss of life or property resulting from a snow storm requires emergency action. Section II. Chapter 20, Article 7, Section 20 -104 shall be and hereby is amended to read in its entirety as follows: Sec. 20 -104. Snow removal conditions. (a) If the mayor or, in the ei • engineeKDirector of Public Works for the City of South Bend , or in , the mayor's designee, determines that the actual or expected accumulation of snow, sleet, hail, ice and /or freezing rain is creating or will create hazardous or dangerous street and sidewalk conditions of sufficient severity to require specialized snow removal procedures, the mayor or, in his ahgenee, the eit engiaee- r-Director of Public Works, or =~ w � f t absermes, the mayor's designee, shall have the authority to declare that one (1) of the following snow removal conditions exists: (1) Snow route clearance conditions. (2) Residential Street clearance conditions. (b) The mayor alone, or in the mayor's absence the mayor's designee shall have the authority to declare that a winter weather emergency condition exists as defined at Section 20- 101(d) of this Article. Lc) All snow removal conditions shall be declared by the ;;sayer ~ -, in his absene 4he eity engineer, or in both of their. b , the appropri ate person, by issuing a press release to local radio, television, newspaper and other news services. Such declaration shall be made on -a €eisri which contains the following information: Date, time and reason for declaration, the actual or anticipated weather conditions at time of declaration. Such declaration shall be signed by the mayor or, in-his absence, the eity eHgi seer- Director of Public Works, or in both of them absexees, the mayor's designee, and a copy filed, as soon as possible, with the office of the city clerk, where it shall be available for public inspection. (d) Once declared, the snow removal condition shall continue until the mayor or in-his absenee-,the eit• ; nginee- Director of Public Works, or in his absenee, his the mayor's designee, declares it to be ended in the same manner as provided for its declaration in subsection (b). Such declaration shall be signed by the mayor or, in his absence, the ei y engi werDirector of Public Works, or in both absenees, the mayor's designee, and a copy filed, as soon as possible with the office of the city clerk, where it shall be available for public inspection. Only t_he 2 mayor or the mayor's designee may declare a winter weather emergency condition to be ended. En (e) Snow removal conditions may be declared for the entire city or any part thereof, as the mayor or, ice, the city engine"- Director of Public Works, or in both of theirs a;senees the mayor's designee, deems necessary for effective snow removal. Section II. Chapter 20, Article 7, Section 20 -105 shall be and hereby is amended to read as follows: Sec. 20 -105. Traffic regulations during snow removal conditions. (a) .Snow route clearance conditions: When snow route clearance conditions are declared to exist, the following traffic regulations shall be in effect: (1) No vehicle shall be parked on a street designated as a snow route (2) Any vehicle parked, stalled, incapable of moving under its own power or left unattended on any street designated as a snow route shall be issued a citation and/or towed and /or impounded. (3) Provided, however, that no such vehicle shall be issued a citation and/or towed and/or impounded if the street upon which it is parked has been plowed by the city in such a manner that all traffic and parking lanes are open and clear of snow. (4) The owner of any vehicle in violation of this article shall be responsible for all citation fines, towing and storage fees. Citations under this article shall be issued as provided in section 20 -17 of this chapter. (b) Street -0 -gal snow clearance conditions. When residential street snow clearance conditions are declared to exist, the following traffic regulations shall be in effect: (1) Parking shall be alleived on ap. ignated as snow reutes. (2) Parking shall be banned from 8:00 a.m. until 8:00 a.m. the following morning on all streets not designated as snow reutes in accord with one of the following schedules: a. Even - numbered da s— Ne -paFk ng " " "" .Parkin solely on even address street sides (Darking solely on south or east sides of streets even if street is designated or posted as "no narking" Q Odd - numbered days — ni° afldng & > , . Parking solely on odd address street sides (parking solely on north or west sides of streets) even if street is designated or posted as "no narking" (3) Any vehicle parked, stalled, incapable of moving under its own power or left unattended upon any street in violation of this section shall be issued a citation and/or towed and/or impounded upon discovery. (4) Provided, however, that no such vehicle shall be issued a citation and/or towed and /or impounded if the street upon which it is parked has been plowed by the city in such a manner that all traffic and parking lanes are open and clear of snow. (5) The owner of any vehicle in violation of this article shall be responsible for all citation fines, towing and storage fees. Citations under this article shall be issued as provided in section 20-17-of this chapter. (c) Winter weather emergency conditions: When winter weather emergency conditions as defined at 20 -101 (d) of this Article are declared to exist, the following regulations shall be in effect: (1) The mayor alone or, xzx i" his is absenee, the eity engine e_, or in bFith R theipabseflee the mayor's designee, shall have the following powers: a. To limit traffic within the city. b. To establish such parking regulations as he or she deems necessary. c. To designate both city-owned vehicles and privately owned vehicles as "temporary service vehicles." d. To exercise all authority granted pursuant to IC 10- 14 -3 -1 et seq., the Emergency Management and Disaster Law, regulating civil defense disaster law if he or she deems weather conditions to be severe enough to implement such emergency powers. Section III. Chapter 20, Article 7, Section 20 -105.1 shall be and hereby is amended to read as follows: Sec. 20- 105.1. Penalties. Any person found to be in violation of section 20 -105 of this article shall be fined one hundred wventy five dollars 100.00 2-5-.00) SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any publication required by law. Common Member of the Com Attest: wd r City �Clerk 3"'A 0, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at —o'clock. —.M. — City Clerk Approved and signed by me on the day Of �, 2014, at ----___o'clock, —.M. I st READIN'G t "�— 1 Y PUBLIC HEARNG 3rd PFAD11,4G NOT APPROVED PASSED Mayor, City of South �Bend, Indiana F-1 I ed in r 3 2014 5 ciry Ck Ullk CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS December 3, 2014 Mr. Oliver Davis President, South Bend Common Council 41" Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amendment to South Bend Municipal Code Chapter 20, Article 7, Regarding Snow Removal Practices and Procedures Dear President Davis: The City has continued to assess our snow removal process and procedures to help create a more efficient and effective system. The attached Ordinance amendment adds language to aid in snow removal process. Specifically, the City may require that on even numbered days, parking will be permitted solely on the side of the street with even numbered addresses, and on odd numbered days, parking will be permitted solely on the side of the street with odd numbered addresses. The snow removal policy also clarifies the designation of Winter Weather Emergency, which is only declared by the Mayor, from "snow removal conditions ", which may be declared by the Mayor or Public Works Director. This allows the City to enforce snow removal operations without declaring a Winter Weather Emergency. Finally, this amendment increases the fine from $25 to $100 for violations. Either Dr. Boyles or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Eric C. Horvath Director of Public Works Office 6Ci'Ni`S;C Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS BY THE CITY OF SOUTH BEND, INDIANA TITLED AS ECONOMIC DEVELOPMENT INCOME TAX BONDS OF 2015 AND OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE PAYMENT OF INCIDENTAL EXPENSES ON ACCOUNT OF THE ISSUANCE OF THE BONDS AND REPEALING ORDINANCES INCONSISTENT HEREWITH WHEREAS, South Bend, Indiana (the "City "), is a governmental unit and political subdivision of the State of Indiana (the "State "), whose legislative and fiscal body is the Common Council (the "Council "); and, WHEREAS; the Council finds that it is advisable to issue the City of South Bend, Indiana Economic Development Income Tax Bonds of 2015 (the "Bonds ") in an amount not to exceed $5,680,000, and to use the proceeds, together with funds on hand: (1) to pay the cost of various capital improvements and expansions at the City's parks and park facilities, including, but not limited to the items described on Exhibit A hereto (the "Project "); (2) to fund a reserve for the Bonds, if necessary; and (3) to pay for all costs related to the issuance of the bonds hereunder; and, WHEREAS, the City reasonably expects to pay debt service on the Bonds from economic development income tax revenue ( "EDIT Revenues "), on parity with the City's County Economic Development Income Tax Refunding Revenue Bonds, Series 2006A and Series 2006B (the "Prior Bonds ") any other obligations payable from such source (collectively, the "Parity Bonds ") and, if economic development income tax revenue is not sufficient, from other sources of funds legally available to the City for such purpose; and, WHEREAS, the Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of the Bonds have been complied with in accordance with the provisions of the Act; WHEREAS, the amount of proceeds of the Bonds allocated to costs of the Project, together with estimated earnings thereon, does not exceed the estimated costs of the Project; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. Authorization for Bonds. In order to provide for the financing of the Project and the costs of selling and issuing the Bonds, the City shall issue its Economic Development Income Tax Revenue Bonds of 2015 as herein authorized pursuant to Indiana Code 6 -3.5 (the "Act ") and the Common Council hereby deems the Project an "economic development project," as defined in the Act and /or a capital project for which the City could issue general obligation bonds. SECTION 2. General Terms of Bonds. (a) Issuance of Bonds. The City shall issue the Bonds in the aggregate principal amount not to exceed Five Million Six Hundred and Eighty Thousand Dollars ($5,680,000) (the "Authorized Amount") for the purpose of providing funds to (i) pay the of the costs of the Project, (ii) fund a debt service reserve fund, if necessary, and (iii) pay issuance costs related to the Bonds. The Controller of the City (the "Controller ") is hereby authorized and directed to advertise the sale of the Bonds and to receive bids therefore pursuant to a Notice of Intent to Sell Bonds in the form submitted with this ordinance. The Controller is authorized and directed to finalize such notice and to have prepared and to issue and sell the Bonds as negotiable, fully registered bonds of the City in an amount not to exceed the Authorized Amount. The Bonds shall be signed in the name of the City by the manual or facsimile signature of the Mayor (the "Mayor ") and attested by the manual or facsimile signature of the Controller, and the City Clerk (the "Clerk ") shall affix the seal of the City to each of the Bonds manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature or facsimile signature appears on the Bonds shall cease to be such officer before the delivery of Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery thereof. The Bonds also shall be, and will not be valid or become obligatory for any purpose or entitled to any benefit under this Ordinance unless and until, authenticated by the manual signature of the Registrar (as defined in Section 4 hereof). The Bonds shall be numbered consecutively from R -1 upward, shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple in excess thereof. The Bonds shall be originally dated as of the date of delivery of the Bonds, and shall bear interest payable semi - annually each February 1 and August 1, commencing not earlier than August 1, 2015 at a rate not exceeding six percent (6 %) per annum (the exact rate or rates on each Bond to be determined by bidding). Interest shall be calculated on the basis of a 360 -day year comprised of twelve 30 -day months. The Bonds may be sold at a discount not exceeding two percent (2 %) of the principal amount thereof. The Bonds shall mature semiannually on February 1 and August 1 of each year, as determined by the Controller, with a final maturity in not more than 20 years. All or a portion of the Bonds may be aggregated into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were redemption of serial bonds, and, if more than one term bond of any maturity is outstanding, the Registrar, by lot, shall make redemption of such maturity. Sinking fund redemption payments shall 2 be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this Ordinance, such mandatory sinking fund redemption payments shall be deemed to be required payments of principal, which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive Bonds, relative to the form of the Bonds contained in this Ordinance, to reflect any mandatory sinking fund redemption terms described in the Bond Purchase Agreement (as defined below). (b) Source of Payment. The Bonds are, as to all the principal thereof and interest due thereon, payable from EDIT Revenues, on parity with the Parity Bonds, and to the extent EDIT Revenues are not sufficient, any other sources of funds legally available to the City for such purposes. (c) Payments. All payments of interest on the Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date ") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar (the "Registration Record ") or at such other address as is provided to the Paying Agent (as defined in Section 4 hereof) in writing by such registered owner. Each registered owner of $1,000,000 or more in principal amount of Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All principal payments and premium payments, if any, on the Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a registered owner of $1,000,000 or more in principal amount of Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on the Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such Bonds are authenticated after the Record Date for an interest payment and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. (d) Transfer and Exchange. Each Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and 3 delivered in the name of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City, except for any tax or governmental charges required to be paid in connection therewith, which shall be payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. (e) Mutilated, Lost, Stolen or Destroyed Bonds. In the event any Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Controller and the Registrar, together with indemnity satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The City and the Registrar may charge the owner of such Bond with their reasonable fees and expenses in this connection. Any Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other Bonds issued hereunder. SECTION 3. Terms of Redemption. The Bonds are subject to redemption prior to maturity, at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, beginning not earlier than the Bonds maturing February 1, 2025 or on such other dates and with premiums, if any, and other terms as determined by the Controller with the advice of the City's financial advisor, as evidenced by the execution of the Bond Purchase Agreement and the Bonds by the Controller. Notice of redemption shall be mailed by first -class mail to the address of each registered owner of a Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of Bonds redeemed; provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any Bond shall not affect the validity of any proceedings for the redemption of any other Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers, if applicable, of the Bonds called for redemption. The place of redemption may be determined by the City. Interest on the Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such Bonds shall no longer be protected by this Ordinance and shall 4 not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. All Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any Bond without charge to the holder thereof. No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any Bond or portion thereof called for redemption until such bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. SECTION 4. Appointment of Registrar and Paving Agent. The Controller is hereby appointed to serve as registrar and paying agent or is authorized to appoint another registrar and paying agent for the Bonds (together with any successor, the "Registrar" or "Paying Agent'). The Registrar is hereby charged with the responsibility of authenticating the Bonds, and shall keep and maintain the Registration Record at its office. The Mayor is hereby authorized to enter into such agreements or understandings with an institution as will enable the institution to perform the services required of the Registrar and Paying Agent. The Controller is authorized to pay such fees as an institution may charge for the services it provides as Registrar and Paying Agent. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and to each registered owner of the Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or be sent by first -class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the Bonds then outstanding of the removal of the Registrar and Paying Agent. Notices to registered owners of the Bonds shall be deemed to be given when mailed by first -class mail to the addresses of such registered owners as they appear on the Registration Record. Any predecessor Registrar and Paying Agent shall deliver all the Bonds, cash and investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. At all times, the same entity shall serve as Registrar and as Paying Agent. SECTION 5. (a) Form of Bonds. The form and tenor of the Bonds shall be substantially as shown in Exhibit B, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery thereof and the approval of any changes to such form shall be evidenced by the execution by the Mayor and the Controller. (b) Authorization of Book -Entry Bonds. The City may, upon the advice of its financial advisor, have the Bonds held by a central depository system pursuant to an agreement 5 between the City and The Depository Trust Company, New York, New York ( "DTC ") and have transfers of the Bonds effected by book -entry on the books of the central depository system. In such case, the Bonds shall be issued in the name of Cede & Co., as nominee for DTC, as registered owner of the Bonds, and held in the custody of DTC and the terms and conditions of this provision shall apply. If the Bonds are held by DTC, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The actual purchasers of the Bonds (the "Beneficial Owners ") will not receive physical delivery of the Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interests will be made by book -entry only, and no investor or other party purchasing, selling, or otherwise transferring beneficial ownership of the Bonds is to receive, hold, or deliver any Bond certificate. For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee, or other governmental charge that may be imposed in relation thereto. Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner, under the following circumstances: (i) DTC determines to discontinue providing its service with respect to the Bonds (such a determination may be made at any time by giving thirty (30) days' notice to the City and the Registrar and discharging the responsibilities with respect thereto under applicable law), or (ii) the City determines that continuation of the system of book -entry transfers through DTC (or a successor securities depository) is not in the best interests of the Beneficial Owners. The City and the Registrar will recognize DTC or its nominee as the holder of the Bonds for all purpose, including notices and voting. The City and the Registrar covenant and agree, so long as DTC shall continue to serve as securities depository for the Bonds, to meet the requirements of DTC with respect to required notices and other provisions of a Letter of Representations between the City and DTC. If necessary to comply with the terms and provisions of the Letter of Representations, a supplemental ordinance shall be adopted to amend this ordinance as necessary. The Registrar is authorized to rely conclusively upon a certificate furnished by DTC and corresponding certificates from DTC participants and indirect participants as to the identity of, and the respective principal amount of Bonds beneficially owned by, the Beneficial Owner or Beneficial Owners. In SECTION 6. Preparation and Sale of Bonds. (a) The Controller is hereby authorized and directed to have the Bonds prepared, and the Mayor and Controller are hereby authorized and directed to execute the Bonds in the form and manner herein provided. The Controller is hereby authorized and directed to deliver the Bonds to the purchaser of the Bonds as selected through bidding in accordance with Indiana Code 5- 1 -11 -2 and approved by the Controller, in accordance with a bond purchase agreement between the City and the purchaser (the "Bond Purchase Agreement"). The substantially final form of Bond Purchase Agreement between the City and the purchaser is submitted to the Council with this ordinance and is incorporated herein and is hereby approved in such form by the City. The Mayor and Controller are hereby authorized to approve necessary revisions to such agreement and to execute the Bond Purchase Agreement and deliver the Bonds to the purchaser thereof in accordance with the terms of the Bond Purchase Agreement so long as their terms are consistent with this ordinance. The Bond Purchase Agreement shall establish a final principal amount, purchase price, interest rates, maturity schedule, denominations and mandatory redemption features, if any. (b) The proceeds derived from the sale of the Bonds shall be and are hereby set aside for the cost of the Project, the funding of a reserve for the Bonds, if necessary, and the payment of various expenses necessarily incurred in connection with the Bonds. The proper officers of the City are hereby directed to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. (c) The preparation and distribution of an official statement for the Bonds is hereby authorized in the form submitted with this ordinance. The Mayor and Controller are hereby authorized and directed to finalize and execute such official statement on behalf of the City in a form consistent with this Ordinance and are further authorized to designate the preliminary official statement as "nearly final" for purposes of Rule 15c2 -12 of the Securities and Exchange Commission (the "SEC Rule "), if applicable. (d) The Controller, with the advice of the City's financial advisor, is hereby authorized to obtain one or more ratings for the Bonds if such rating or ratings will facilitate the sale of the Bonds. (e) The Controller is hereby authorized and directed to obtain a legal opinion as to the validity of the Bonds from Frost Brown Todd LLC, and to furnish such opinion to the purchaser of the Bonds. The costs of such opinion shall be paid out of the proceeds of the Bonds. 7 SECTION 7. Funds and Accounts. (a) Use of Proceeds; Capital Fund. (i) First, any premium received at the time of delivery of the Bonds will be deposited to the Bond Principal and Interest Account as defined below and applied to payments on the Bonds on the applicable interest payment date. (ii) Second, if proceeds of the Bonds will be used to fund all or a portion of a reserve for the Bonds, the Controller shall transfer such proceeds to the Reserve Account, as directed by the Controller. (iii) Third, the remaining proceeds from the sale of the Bonds shall be deposited in a fund hereby created and designated as the "EDIT Bond Capital Fund." Such Capital Fund may be held by the City, or may be held by a bank or Trustee, on behalf of the City, and in such event, the Controller is hereby authorized to enter into an agreement regarding the deposit to, and use of, money in such fund. The proceeds deposited in the EDIT Bond Capital Fund, together with all investment earnings thereon shall be expended by the City only for costs of the Project and on the payment of costs related to the Issuance of the Bonds. When all costs of the Project and costs of issuance of the Bonds have been paid, the Controller shall then transfer any amount then remaining from the proceeds of the Bonds to the payment of principal on the bonds or used as otherwise permitted by law. (b) Funds. Upon receipt, the EDIT Revenues will be deposited into a previously created "Economic Development Income Tax Fund," which consists of a Bond Principal and Interest Account, a Reserve Account and an Excess Account, and moneys deposited in such Fund shall be used in the following order of priority within the fund. (i) Bond Principal and Interest Account. As soon as possible upon receipt by the City of EDIT Revenues due in May and November of each year, beginning with the May 2015 distribution, but not later than June 15 or December 15 following receipt of the EDIT Revenues, the City shall deposit all EDIT Revenues into the Bond Principal and Interest Account to be used to pay principal of and interest on the EDIT Bonds (as defined in Section 10 hereof) until amounts on deposit in such account are sufficient to make the next principal and interest payment on the EDIT Bonds. (ii) Reserve Account. After making the required deposit to the Bond Principal and Interest Account, there will be deposited in the Reserve Account, remaining EDIT Revenues, to the extent available, to maintain the Reserve Account in the amount required, if any, for any of the EDIT Bonds. At the election of the Controller, no reserve may be required for the Bonds. (iii) General Account. After making the required deposits to the Bond Principal and Interest Account and the Reserve Account, all remaining EDIT Revenues, if any, will be transferred to the General Account. All moneys in the General Account will be used and withdrawn for any of the purposes set forth in the Act, including, without limitation, payment of additional costs of the Project. SECTION 8. Authorization. (a) Authorization. The proper officers of the City are hereby directed to sell the Bonds to the Purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. (b) Official Statement and Disclosure Agreement. The Mayor and the Controller each are hereby authorized to approve and deem final an official statement with respect to the Bonds, as of its date, in accordance with the provisions of Rule 15c2- 12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule "), subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Mayor or the Controller in the form of a final official statement. SECTION 9. Defeasance. If, when the Bonds or any portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the Bonds or any portion thereof for redemption have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such bonds or any portion thereof then outstanding shall be paid, or (i) cash, or (ii) direct noncallable obligations of or unconditionally guaranteed by the U.S. Department of the Treasury, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance. SECTION 10. Additional Bonds. The City reserves the right to issue additional bonds and to incur lease obligations (which for all purposes of this Ordinance shall be deemed to be required bond payments which mature on the date such lease - rental payment obligations are due) after the issuance of the Bonds, payable out of the EDIT Revenues and earnings thereon on parity with the Prior Bonds and the Bonds, and such future bonds and lease obligations are herein referred to as "Additional Bonds," or bonds which are junior and subordinate in right of payment to the Bonds (such bonds and lease obligations are herein referred to as "Junior Bonds ") G (the Prior Bonds, the Bonds, the Additional Bonds, and the Junior Bonds collectively, the "EDIT Bonds ") for the purpose of raising money for future economic development or to provide for a complete or partial refunding of such obligations. The issuance or incurrence of obligations pursuant to Additional Bonds and Junior Bonds shall be subject to the following conditions precedent: (a) All interest and principal payments with respect to all EDIT Bonds shall be current to date in accordance with the terms thereof with no payment in arrears, provided, this condition shall be satisfied if any required amount is to be provided from the proceeds of such Additional Bonds or Junior Bonds or other funds available to the City. (b) The balance in the Reserve Account shall be equal to the amounts required with respect to the outstanding EDIT Bonds, if any, provided, this condition shall be satisfied if any required amount is to be provided from the proceeds of such Additional Bonds or Junior Bonds or other funds available to the City. (c) In the case of a proposed issue of Additional Bonds, the City shall have received a certificate prepared by an independent certified public accountant or an independent financial consultant with professional experience in the business of estimating the levels of and increases in assessed valuation in the State of Indiana and the expected changes in property tax rates caused by such changes (the "Certifier "), certifying that the EDIT Revenues estimated to be received in each succeeding year, together with estimated other available revenues (as defined below), is at least equal to 125% of the principal and interest requirements on all outstanding Prior Bonds and Bonds, any outstanding Additional Bonds, and the proposed issue of Additional Bonds, for each respective year during the term of such outstanding Bonds, and outstanding Additional Bonds and the proposed Additional Bonds. In estimating the EDIT Revenues and other available revenues to be received in any future year, the Certifier shall base his calculation on estimates, believed by the Certifier to be reasonable, including without limitation estimates of investment earnings. For purposes of this paragraph, "Other Available Revenues" shall mean, to the extent such amounts have been set aside and designated for such purpose, amounts held in any debt service reserve accounts for outstanding Prior Bonds, Bonds and Additional Bonds, other than the proposed Additional Bonds. (d) The principal of the proposed Additional Bonds or Junior Bonds shall be payable on the same dates as the principal of the Bonds and the interest thereon shall be payable on February 1 and August 1, during the periods such principal and interest are payable. The City shall approve and confirm the findings and estimates set forth in the above - described certificate of a Certifier in any ordinance authorizing the issuance of the Additional Bonds or Junior Bonds, and such certificate shall be 10 updated by the Certifier as of the date of issuance of the Additional Bonds or Junior Bonds. In the event the Additional Bonds are issued to refund currently outstanding Bonds or Additional Bonds, and each payment of principal and interest on the Additional Bonds is equal to or lesser than the amount due on the bonds being refunded, the certificate required by paragraph (c) above shall not be required. SECTION 11. Amendments. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty -six and two - thirds percent (66 -2/3 %) in aggregate principal amount of the Bonds then outstanding shall have the right, from time to time, to consent to and approve the adoption by the Council of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of amending in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any Bond or an advancement of the earliest redemption date on any Bond, without the consent of the holder of each Bond so affected; or (b) a reduction in the principal amount of any Bond or the redemption premium or rate of interest thereon, or a change in the monetary medium in which such amounts are payable, without the consent of the holder of each Bond so affected; or (c) a preference or priority of any Bond over any other Bond, without the consent of the holders of all Bonds then outstanding; or (d) a reduction in the aggregate principal amount of the Bonds required for consent to such supplemental ordinance, without the consent of the holders of all Bonds then outstanding. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the Registration Record. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the Bonds. The Registrar shall not, however, be subject to any liability to any owners of the Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the Bonds of not less than sixty -six and two- thirds per cent (66 -2/3 %) in aggregate principal amount of the Bonds then outstanding, 11 which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the Council may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the Bonds, whether or not such owners shall have consented thereto. No owner of any Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the City or its officers from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of Bonds then outstanding shall thereafter be determined, exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights, duties and obligations of the City and of the owners of the Bonds, and the terms and provisions of the Bonds and this Ordinance, or any supplemental ordinance, may be modified or amended in any respect with the consent of the City and the consent of the owners of all the Bonds then outstanding. Without notice to or consent of the owners of the Bonds, the City may, from time to time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with the terms and provisions hereof (which supplemental ordinances shall thereafter form a part hereof), (a) To cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; or (b) To grant to or confer upon the owners of the Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the Bonds; or (c) To procure a rating on the Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance will not adversely affect the owners of the Bonds; or 12 (d) To obtain or maintain bond insurance with respect to the Bonds; or (e) To provide for the refunding or advance of the Bonds; or (f) To make any other change which, in the determination of the City in its sole discretion, is not to the prejudice of the owners of the Bonds. SECTION 12. Investment of Funds. The Controller is hereby authorized to invest moneys pursuant Indiana law, including Indiana Code 5- 1 -14 -3, and the provisions of this Ordinance. The Controller shall keep full and accurate records of investment earnings and income from moneys held in the funds and accounts created or referenced herein. In order to comply with the provisions of this Ordinance, the Controller is hereby authorized and directed to employ consultants or attorneys from time to time to advise the City as to requirements of state and federal law. SECTION 13. Continuing Disclosure. In order for the Purchaser of the Bonds to comply with the SEC Rule, if applicable, the Mayor and Controller of the City may execute and deliver an agreement by the City to comply with the requirements of a continuing disclosure undertaking by the City pursuant to subsection (b) (5) of the SEC Rule, and any amendments thereto from time to time (the "Continuing Disclosure Agreement'). The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement. The substantially final form of Continuing Disclosure Agreement submitted to the Council with this ordinance is incorporated herein by reference and is hereby approved and the Mayor and /or Controller of the City are authorized to execute the same and to approve such changes in form or substance thereto which are consistent with the terms of this Ordinance, such changes to be conclusively evidenced by the execution thereof. SECTION 14. Other Action. The Mayor and/or the Controller may take such other actions to finalize and deliver such other certificates and documents needed to accomplish the transaction contemplated hereby as they deem necessary or desirable in connection therewith. SECTION 15. No Conflict. All ordinances and orders or parts thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. After the issuance of the Bonds and so long as any of the Bonds or interest or premium, if any, thereon remains unpaid, except as expressly provided herein, this Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the holders of the Bonds, nor shall the City adopt any law or ordinance which in any way adversely affects the rights of such holders. SECTION 16. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. 13 SECTION 18. Non - Business Days. If the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the jurisdiction in which the Registrar or Paying Agent is located are typically closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 19. Interpretation. Unless the context or law clearly requires otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 14 SECTION 20. Effectiveness. This Ordinance shall be in full force and effect from and after its passage. ATTEST: John Voorde, City Clerk Member, South Bend Com on Council �wr}C ;.nE ��a ,p tin y'`'•d,�w t, and C ®ViiVl7 G�l^.✓J �o 4�•� ivtiJ��a Presented by me to the Mayor of the City of South Bend, Indiana this day of , 2015, at _ o'clock _.m. John Voorde, City Clerk Approved by me, Mayor of the City of South Bend, Indiana, this day of 2015, at _ o'clock _.m. Peter Buttigieg, Mayor ATTEST: John Voorde, Clerk ( —1 L -I S PUSLIC HE?.?ING 3 n1 READ!NG NOT APPROVER REFERRED. PASSED 15 Filed in 00i xk's Office s '7? CITY CLER` , u0 t 9 .,4ix- PD, IN EXHIBIT A Project The Project includes: Parks and Recreation System -wide upgrades focused on deferred maintenance Parks and Recreation System -wide facilities upgrades A -1 EXHIBIT B Form of Bond I� [Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation ( "DTC "), to the City of South Bend, Indiana or its agent for registration of transfer, exchange or payment, and any Bond (as hereinafter defined) issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.] UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA ECONOMIC DEVELOPMENT INCOME TAX REVENUE BOND OF 2015 Interest Rate Maturity Date Original Date Authentication Date Cj USIP] REGISTERED OWNER: PRINCIPAL SUM: Dollars ($ ) The City of South Bend, Indiana (the "City"), for value received, hereby promises to pay to the Registered Owner set forth above, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond is subject to and is called for redemption prior to maturity as hereafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding the interest payment date (the "Record Date ") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before July 15, 2015 in which case it shall bear interest from the Original Date, which interest is payable semi - annually on February 1 and August 1 of each year, beginning on August 1, 2015. Interest shall be calculated on the basis of a 360 -day year comprised of twelve 30 -day months. The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent "), in , Indiana. All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the Registered Owner. Each Registered Owner of $1,000,000 or more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent in any U. S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of $1,000,000 or more in principal amount of Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. This Bond is one of an authorized issue of bonds of the City of like original date, tenor and effect, except as to denomination, numbering, interest rates, redemption terms and dates of maturity, in the total amount of Five Million Six Hundred Eighty Thousand Dollars ($5,680,000), numbered consecutively from R -1 upward, issued for the purpose of providing funds for various capital improvements and expansions at the City's parks and park facilities, to fund a reserve fund, if necessary, and for the purpose of paying incidental expenses to be incurred in connection therewith and on account of the sale and issuance of bonds therefor, as authorized by Ordinance No. (the "Ordinance ") adopted by the Common Council of the City of South Bend, Indiana (the "Council ") on the day of , 2015, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing the issuance of Bonds by the City of South Bend, Indiana Titled Economic Development Income Tax Bonds of 2015; and Other Matters Connected Therewith, Including the Payment of Incidental Expenses on Account of the Issuance of the Bonds; and Repealing Ordinances Inconsistent Herewith ", and in accordance with the provisions of Indiana law, including without limitation Indiana Code 6 -3.5 -7 and other applicable laws, as amended (collectively, the "Act "), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. Pursuant to the provisions of the Act and said Ordinance, the principal of and interest on this bond and all other bonds of said issue are payable from economic development income tax revenues ( "EDIT Revenues "), and to the extent it is insufficient, any other sources of funds legally available to the Council for such purpose. THIS BOND DOES NOT CONSTITUTE A GENERAL OBLIGATION OR INDEBTEDNESS OF THE CITY OF SOUTH BEND, INDIANA. NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER OF THE CITY OF SOUTH BEND, INDIANA IS PLEDGED TO PAY THE INTEREST OR PREMIUM ON OR THE PRINCIPAL OF THIS BOND. The bonds of this issue maturing after are redeemable at the option of the City on thirty (3 0) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, at 100% of face value, plus accrued interest to the date fixed for redemption. Each minimum authorized denomination in principal amount shall be considered a separate bond for purposes of partial redemption. Notice of such redemption shall be mailed by first -class mail not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption to the address of the registered owner of each bond to be redeemed as shown on the registration record of the City except to the extent such redemption notice is waived by owners of the bond or bonds redeemed; provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any bond shall not affect the validity of any proceedings for the redemption of any other bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers, if applicable, of the bonds called for redemption. The place of redemption may be determined by the City. Interest on the bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such bonds shall no longer be protected by the Ordinance and shall not be deemed to be outstanding thereunder. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record kept for that purpose at the office of the Registrar by the Registered Owner in person, or by the Registered Owner's attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the Registered Owner or such attorney, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. The City, any registrar and any paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. The bonds maturing on any maturity date are issuable only in the denomination of $5,000 or any integral multiple in excess thereof. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. IN WITNESS WHEREOF, the City of South Bend, Indiana, has caused this bond to be executed in the name of such City, by the manual or facsimile signature of the Mayor, and attested by manual or facsimile signature by the Controller of said City, and the seal of said City or a facsimile thereof to be affixed, engraved, imprinted or otherwise reproduced hereon. am (SEAL) ATTEST: John Murphy, Controller CITY OF SOUTH BEND, INDIANA Peter Buttigieg, Mayor It is hereby certified that this bond is one of the bonds described in the within - mentioned Ordinance duly authenticated by the Registrar. As Registrar By Authorized Representative The following abbreviations, when used in the inscription on the face of this bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN. COM. as tenants in common TEN. ENT. as tenants by the entireties JT. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRANS. MIN. ACT Custodian (Cust.) (Minor) under Uniform Transfers to Minors Act of I: (State) Additional abbreviations may also be used although not in the above list. FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $ principal amount (must be a multiple of $ ) of the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for the registration thereof with full power of substitution in the premises. Signature Guaranteed: NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. C 120ON CouNTY --Q ff BuLDING 227 W. JEFFERSON BLVD. Soum BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE B=GIEG, MAYOR PHONE 574 /235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE January 7, 2015 HAND DELIVERED Mr. Tim Scott President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 City of South Bend, Indiana Economic Development Income Tax Bonds of 2015 Dear Mr. Scott: Enclosed you will find the Bond Ordinance for the above referenced bonds to be submitted to the Common Council for first reading at its January 12, 2015 meeting. In addition, preliminary drafts of other documents related to this transaction are also enclosed for the Council's reference, including the Bond Purchase Agreement, Preliminary Official Statement, Continuing Disclosure Undertaking Agreement, and Notice of Intent to Sell Bonds. We hope for final reading and a vote on the Bond Ordinance at the Council's January 26, 2015 meeting, and finalized versions of the accompanying documents will be provided to you by January 21 to be available to the Council at that meeting. Sincerely, V \3. Jo H. Murphy Controller Enclosures 0127802.0622110 4852- 3846- 3265vl Filed fide �Uq5, IN e 0111� (!JJ� 00, 0 Z -� ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED IN PORTIONS OF THE 500, 600, 700, 800, 900 BLOCKS OF INDIANA AVENUE, PORTIONS OF THE 1500 BLOCKS OF PRAIRIE AVENUE, KEMBLE STREET, CATALPA STREET, CHAPIN STREET, KENDALL STREET, SCOTT STREET AND TAYLOR STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM SF2 SINGLEFAMILY AND TWO FAMILY DISTRICT, MFI URBAN COORIDOR MULTIFAMILY DISTRICT, MU MIXED USE DISTRICT, LB LOCAL BUSINESS DISTRICT AND GB GENERAL BUSINESS DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO ALLOW FOR FUTURE INDUSTRIAL DEVELOPMENT OF VARIOUS TYPES FOR IGNITION PARK SOUTHDEVELOPMENT AND ADJACENT PROPERTIES. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A part of the Northwest and Northeast Quarters of Section 14, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as Beginning at the Southwest corner of Lot # 11 in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office; said corner being on the East right -of -way line of Prairie Avenue; thence Northeasterly along said East line 186.8 feet more or less to the Northwest corner of Lot # 7 in said Plat, said corner being on the South line of a 14 ft. wide East -West Public Alley; thence East along said South line 170 feet more or less to a point of intersection with the East line of an 8 ft. wide North -South Public Alley extended South; thence North along said East line and its Southerly extension 179 feet more or less to the South right -of -way line of Edward Street; thence East along said South line and its Easterly extension 163 feet more or less to a point of intersection with the East right -of -way line of Kemble Street; thence North along said East line 45 feet more or less to a point of intersection with the South right -of -way line of the Norfolk and Southern Railroad right -of -way (formerly Penn Central Railroad); thence along said South line for the next three courses, East 1008.09 feet more or less and Southeasterly 262.80 feet more or less and East and Southeasterly 599 feet more or less to a point of intersection with the East line of a 14 ft. wide North -South Public Alley; thence South along said East line 194.70 feet more or less to a point of intersection with the North line of a 14 ft. wide East -West Public Alley; thence East along said North line 38.45 ft. more or less to a point of intersection with the East line of Lot # 13 in the Plat of "Stull's 4'h Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office extended North; thence South along said East line and its Northerly extension 164 feet more or less to the North right -of -way line of Indiana Avenue; thence West along said North line 381.60 feet more or less to the Southwest corner of Lot # 26 in said Plat; thence North along said West line 150 feet more or less to the Northwest corner of said lot, said corner also being on the South line of a 14 ft. wide East -West Public Alley; thence continuing West along said South line 90.90 feet more or less to the Northeast corner of Lot # 32 in said Plat; thence South along said East line 150 feet more or less to the North right -of -way line of Indiana Avenue; thence West along said North line 1444.76 feet more or less to the East Right - of -way line of Kemble Street; thence North along said East line 110 feet more or less; thence West 60 feet more or less to Southeast corner of Lot # 15 in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of said County, said corner being on the North line of a 14 ft. wide East -West Public Alley; thence West along said North line and its Westerly extension 146 feet more or less to a point of intersection with the West line of a 14 ft. wide North -South Public Alley; thence along the West of said Alley for the next two courses, South 36.5 feet more or less and Southwesterly 122 feet more or less to the Southeast corner of Lot # 11 in said Plat; thence Northwesterly along the South line of said Lot 165 feet more or less to the point of beginning. Containing 18.90 acres more or less, be and the same is hereby established as LI Light Industrial District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common uncil Attest: City Clerk ♦ '. } l? h e 5^ Nn /♦nruIr �j� � . n tilt E d {vJ�.saAi1 Cli 4V a�.l Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana 10 READING � -1 l� PUBLIC HEAPING 3rd READING NOT APPROVED REFERRED PASSED Filed In Iffice 11111IN:! job" iil CITY CLEltit, ti = F:..'!iWDAN PETITION TO REZONE City of South Bendd, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The subject property is located at: Properties located in portions of the 500, 600, 700, 800, 900 blocks of Indiana Avenue, portions of the 1500 Blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street, South Bend, Indiana. 2) The property Tax Key Number(s) is /are: 18- 8053 -2123 18- 8053 -2124 18- 8053 -2125 18- 8053 -2126 18- 8053 -2135 18- 8053 -2136 18- 8053 -2137 18- 8053 -2127 18- 8053 -2129 18- 8053 -2130 18- 8053 -2131 18- 8024 -0972 18- 8024 -0971 18- 8024 -0970 18- 8024 -0969 18- 8024 -0968 18- 8024 -0967 18- 8024 -0966 18- 8024 -0965 18- 8024 -0964 18- 8024 -0973 18- 8024 -0974 18- 8024 -0984 18- 8024 -0985 18- 8024 -0986 18- 8024 -0987 18- 8024 -0988 18- 8024 -0989 18- 8024 -0990 18- 8024 -0991 18- 8024 -0992 18- 8024 -0993 18- 8025 -1022 18- 8025 -1023 18- 8025 -1024 18- 8025 -1000 18- 8025 -0999 18- 8025 -0998 18- 8025 -0997 18- 8025 -0996 18- 8025 -0995 18- 8025 -0994 18- 8025 -1001 18- 8025 -1002 18- 8025 -1003 18- 8025 -1004 18- 8025 -1005 18- 8025 -1006 18- 8025 -1007 18- 8025 -1025 18- 8025 -1026 18- 8025 -1027 18- 8025 -1028 18- 8025 -1019 18- 8025 -1030 18- 8025 -1014 18- 8025 -1013 18- 8025 -1012 18- 8025 -1011 18- 8025 -1010 18- 8025 -1009 18- 8025 -1008 18- 8025 -1015 18- 8025 -1016 18- 8025 -1017 18- 8025 -1018 18- 8025 -1019 18- 8025 -1020 18- 8025 -1021 18- 8015 -1031 18- 8025 -1032 18- 8025 -1033 18- 8026 -1048 18- 8026 -1050 18- 8026 -1046 18- 8026 -1044 18- 8026 -1042 18- 8026 -1040 18- 8026 -1038 18- 8026 -1036 18- 8026 -1034 18- 8026 -1035 18- 8026 -1037 18- 8026 -1039 18- 8026 -1041 18- 8026 -1043 18- 8026 -1045 18- 8026 -1047 18- 8026 -1051 18- 8026 -1052 18- 8026 -1053 18- 8026 -1065 18- 8026- 106502 18- 8026 - 106501 18- 8026 -1066 18- 8026 -1067 18- 8026 -1063 18- 8026 -1062 18- 8026 -1059 18- 8026 -1058 18- 8026 -1055 18- 8026 -1054 18- 8026 -1056 18- 8026 -1057 18- 8026 -1060 18- 8026 -1061 18- 8026 -1064 18- 8027 -1092 18- 8027 -1090 18- 8027 -1093 18 -8027- 109301 18- 8027 -1095 18- 8027 -1087 18- 8027 -1086 18- 8027 -1084 18- 8027 -1083 18- 8027 -1082 18- 8026 -1072 18- 8026 -1071 18- 8026 -1070 3) Name and address of property owner(s) of the petition site: City of South Bend- Department of Community Investment Attn: Mr. David Relos 14`h Floor County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 574- 235 -9371, DRelosnasouthbendin.gov 4) Name and address of contingent purchaser(s), if applicable: N/A E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family and Two Family District, MU Mixed Use District, GB General Business District, LB Local Business District and MFl Urban Corridor Multifamily District To: LI Light Industrial District 6) This rezoning is requested to allow the following use(s): To allow Industrial uses that will be compatible with Ignition Park South Development project. Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend Indiana 46628 574- 234 -4003 mdanch @danchharner. com Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): DS For City of South Bend - Department of Community Investment Filed hil Iffice ., 7 P�iS .id"ih !boy CITY CLER i ' Y I xtSdD, IPl LEGAL DESCRIPTION A part of the Northwest and Northeast Quarters of Section 14, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as Beginning at the Southwest corner of Lot # 11 in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office; said corner being on the East right -of -way line of Prairie Avenue; thence Northeasterly along said East line 186.8 feet more or less to the Northwest corner of Lot # 7 in said Plat, said corner being on the South line of a 14 ft. wide East -West Public Alley; thence East along said South line 170 feet more or less to a point of intersection with the East line of an 8 ft. wide North -South Public Alley extended South; thence North along said East line and its Southerly extension 179 feet more or less to the South right -of -way line of Edward Street; thence East along said South line and its Easterly extension 163 feet more or less to a point of intersection with the East right -of -way line of Kemble Street; thence North along said East line 45 feet more or less to a point of intersection with the South right -of -way line of the Norfolk and Southern Railroad right -of -way (formerly Penn Central Railroad); thence along said South line for the next three courses, East 1008.09 feet more or less and Southeasterly 262.80 feet more or less and East and Southeasterly 599 feet more or less to a point of intersection with the East line of a 14 ft. wide North -South Public Alley; thence South along said East line 194.70 feet more or less to a point of intersection with the North line of a 14 ft. wide East -West Public Alley; thence East along said North line 38.45 ft. more or less to a point of intersection with the East line of Lot # 13 in the Plat of "Stull's 4 "' Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office extended North; thence South along said East line and its Northerly extension 164 feet more or less to the North right -of -way line of Indiana Avenue; thence West along said North line 381.60 feet more or less to the Southwest comer of Lot # 26 in said Plat; thence North along said West line 150 feet more or less to the Northwest corner of said lot, said corner also being on the South line of a 14 ft. wide East -West Public Alley; thence continuing West along said South line 90.90 feet more or less to the Northeast corner of Lot # 32 in said Plat; thence South along said East line 150 feet more or less to the North right -of -way line of Indiana Avenue; thence West along said North line 1444.76 feet more or less to the East Right - of -way line of Kemble Street; thence North along said East line 110 feet more or less; thence West 60 feet more or less to Southeast corner of Lot # 15 in the Plat of "Thos. E.A. Byerley's Addition" as recorded in the records of said County, said corner being on the North line of a 14 ft. wide East -West Public Alley; thence West along said North line and its Westerly extension 146 feet more or less to a point of intersection with the West line of a 14 ft. wide North -South Public Alley; thence along the West of said Alley for the next two courses, South 36.5 feet more or less and Southwesterly 122 feet more or less to the Southeast corner of Lot # 11 in said Plat; thence Northwesterly along the South line of said Lot 165 feet more or less to the point of beginning. Containing 18.90 acres more or less. Filed n 1, .T ice CMICLER:1, IN N N' n N I'D N W O O .Sr a s 'k-�-Ta-rJC Dane A Hamer &AdIdIoc teo, lnc. Land Surveyors •Professional Engineers Landscape Architects. Land Planners Me: (574)W5 4M / (800)594 -4ow . Fm (574)z 4119 1845 Commem. D*m • 6o Bend, IN 46628 Filed in Clerk's Office SAN % 20i5 i JOHN VOOHDE CITY CLERK, SOUTN BEND, IN . /1 D v m 0 �A4 0 rt N Z O S 3 to . e7 � 7 CL z N O N ? :3 @ = N - am 3 K 3 m d — Q( v I, (Daa N 0^ � S v O w Q V N z BgKFR d N m . /1 South Bend Public Transportation Corp 1200 County City Bldg South Bend, IN. 46601 Tax Kev # 01 R 9006 0349 City of South Bend 1200 City County South Bend, IN. 46601 Tax Key # 018 8021084905 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1023 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1026 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1031 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1048 South Bend Dept.of Redevelopment 227 W Jefferson Ste.1400S South Bend, IN. 46601 Tax Key # 018 8026 106502 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1013 Propery Owners Within 300 Feet Data Realty Northern Indiana 1400 E Angela South Bend, IN. 46617 Tax Key # 018 8021084914 South Bend Dept.of Redevelopment 227 W Jefferson Ste.1400S South Bend, IN. 46601 Tax Key # 018 8024 0993 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1024 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1027 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1032 South Bend Dept.of Redevelopment 227 W Jefferson Ste.1400S South Bend, IN. 46601 Tax Key # 018 8026 1050 South Bend Dept.of Redevelopment 227 W Jefferson Ste.1400S South Bend, IN. 46601 Tax Key # 018 8026 1052 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8024 0991 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8021084913 South Bend Dept.of Redevelopment 227 W Jefferson Ste.1400S South Bend, IN. 46601 Tax Key # 018 8025 1022 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1025 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1028 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1033 South Bend Dept.of Redevelopment 227 W Jefferson Ste.1400S South Bend, IN. 46601 Tax Key # 018 8026 1051 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1053 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8024 0992 Mike Medich Mike Medich Melanie Obren Mike Medich Melanie Obren 2020 E Center St 826 W Indiana Ave 826 W Indiana Ave South Bend, IN. 46617 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8032 1411 Tax Key # 018 8032 1410 Tax Key # 018 8032 1409 City of South Bend City of South Bend City of South Bend 1200 County City Bldg 1200 County City Bldg 1200 County City Bldg South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1061 Tax Key # 018 80261059 Tax Key # 018 8025 1010 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1039 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1040 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1067 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1070 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8027 1090 Geraldine White 509 W Indiana Av South Bend, IN. 46613 Tax Key # 018 8027 1096 South Bend Dept.of Redevelopment 227 W Jefferson Blvd. Ste 1200 South Bend, IN. 46601 Tax Key # 018 8027 1099 Mary Ann Norman 522 W Indiana South Bend, IN. 46613 Tax Key # 018 8027 1111 Janie Carrillo 502 W Indiana South Bend, IN. 46613 Tax Key # 018 8027 1117 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 106501 Restorpride PO Box 8141 South Bend, IN. 46660 Tax Key # 018 8026 1067 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1071 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8027 1094 South Bend Dept.of Redevelopment 227 W Jefferson Blvd. Ste 1200 South Bend, IN. 46601 Tax Key # 018 8027 1097 South Bend Dept.of Redevelopment 227 W Jefferson Blvd. Ste 1200 South Bend, IN. 46601 Tax Key # 018 8024 0989 City of South Bend 518 W Indiana South Bend, IN. 46613 Tax Key # 018 8027 1112 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8025 1018 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1066 George Baker PO Box 8141 South Bend, IN. 46615 Tax Key # 018 8026 1069 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8026 1072 South Bend Dept.of Redevelopment 227 W Jefferson Blvd. Ste 1200 South Bend, IN. 46601 Tax Key # 018 8027 1095 South Bend Dept.of Redevelopment 227 W Jefferson Blvd. Ste 1200 South Bend, IN. 46601 Tax Key # 018 8027 1098 Nelly Castillo 119 E Indiana Av Apt.0 South Bend, IN. 46613 Tax Key # 018 8027 1110 Domingo Carrillo 512 W Indiana South Bend, IN. 46613 Tax Key # 018 8027 1113 Domingo Carrillo Julia Cygert Janie Carrillo 512 W Indiana 506 W Indiana 502 W Indiana South Bend, iN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8027 1114 Tax Key # 018 8027 1115 Tax Key # 018 8027 1116 Temple of God Missionary 'Eggers RealEstate LLC City of South Bend Baptist Church - 408 W Indiana 227 W Jefferson Blvd Ste 1400 56183 ChapelLn South Bend, IN. 46613 South Bend, IN. 46601 South Bend, IN. 46619 Tax Key # 018 80271122 Tax Key # 018 8025 1016 Tax Kev # 01 R R027 111 R South Bend Dept.of Redevelopment City of South Bend South Bend Dept.of Redevelopment 227 W Jefferson Ste. 1200 227 W Jefferson Blvd Ste 1400 227 W Jefferson Ste. 1200 South Bend, IN. 46601 South Bend, IN. 46601 - South Bend, IN. 46601 Tax Key # 018 8026 1036 Tax Key # 018 8025 0996 Tax Key # 018 8025 1003 South Bend Supply Co. Martin's Supermarkets Lupo House PO Box 2778 Of South Bend 52606 Highland Dr Newport News, VA. 23609 PO Box 2709 South Bend, IN. 46635 Tax Key # 018 8024 0944 South Bend, IN. 46680 Tax Key # 018 8031 1328 Tax Kev # 019 9023 0913 _Lupo House Beth Anne & Cynthia Wright David & Mary Alice Sheppard 32606 Highland Dr 1618 Scott 1706 Leer St South Bend, IN. 46635 South Bend, IN. 46613 South Bend, IN. 46613 .rax Key # 018 8031 1356 Tax Key it 018 8028 1163 Tax Key # 018 8028 1156 Wei Zheng Jaime Galvez Richard & Tammy Lingenfelter 512 W Cleveland Rd 2420 Glen 1614 S Kendall St Granger, IN. 46530 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8032 1388 Tax Key # 018 8031 1292 Tax Key # 018 8031 1327 Patrick & Beverly Shelton City of South Bend John Young 1624 S Scott County City Bldg 1615 S Taylor South Bend, IN. 46613 South Bend, iN. 46601 South Bend, IN. 46613 Tax Key # 018 8031 1355 Tax Key # 018 8028 1162 Tax Key # 018 8028 1162 J Allen Steed Sr. & Judith Smith Lawrence Bilenki Allen Steed 1615 Williams 1614 S Taylor 1615 S William St South Bend, IN, 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8028 1141 Tax Key # 018 8026 1148 Tax Key # 018 8025 1134 South Bend Dept.of Redevelopment South Bend Dept.of Redevelopment Sue Riedel 227 W Jefferson 227 W Jefferson Ste. 1400 622 W Indiana Av South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46613 Tax Key # 018 8025 1000 Tax Key # 018 8024 0985 Tax Key # 018 026 1075 John & Mary Ellen Douglas John & Mary Ellen Douglas John & Mary Ellen Douglas 614 W Indiana Av 614 W Indiana Av 614 W Indiana Av South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8026 01076 Tax Key # 018 8026 01077 Tax Key # 018 8026 01078 Andrew & Jo Ann Rupchock Michael querry Alfredo Sosa 606 W Indiana 602 W Indiana Ave 530 Indiana Av South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 80261079 Tax Key # 018 8026 1080 Tax Key # 018 8027 1109 David Wilkin Rose Land & Finance Corp Ronald Grow 19614 Rolling Acres Dr 241 E Saginaw 16329 Old Bayou Rd South Bend, IN. 46614 East Lansing, MI. 48823 Granger, IN. 46530 Tax Key # 018 8032 1417 Tax Key # 018 80321399 Tax Key # 018 80321398 Ping Zhu Ping Ping Zhu Ping Martin Jr. & Stephen Lentsch 11421 Crocus Ct 11421 Crocus Ct 750 W Indiana Ave Plymouth, IN. 46563 Plymouth, IN. 46563 South Bend, IN. 46613 Tax Key # 080 8032 1397 Tax Key # 080 8032 1396 Tax Key # 018 8032 1387 Kraft Tire Service Inc James Urbanski City of South Bend 720 W Indiana Ave 718 W Indiana Ave 1300 County City Building South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key # 018 8031 1321 Tax Key # 018 8031 1322 Tax Key # 018 8031 1323 City of South Bend Board of Public Works City of South Bend Board of Public Works Michael & Donna Myers 1200 County City Building 1300 County City Building 63200 Maple Rd South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46614 Tax Key # 018 8031 1324 Tax Key # 018 8031 1325 Tax Key # 018 8031 1326 Jorge Navarro City of South Bend BPWRDC of St.Joseph County 630 W Indiana Ave 1200 County City Bldg 227 W Jefferson Ste 1200 South Bend, IN. 46613 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1073 Tax Key # 018 8027 1092 Tax Key # 018 8026 1065 City of South Bend South Bend Dept of Redevelopment City of South Bend 227 W Jefferson Ste.1200 227 W Jefferson Blvd Ste.1200 227 W Jefferson Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8027 1091 Tax Key # 018 8025 1007 Tax Key # 018 8025 1014 City of South Bend Engel Ventures LLC City of South Bend 227 W Jefferson Ste.1200 411 W Indiana Ave 227 W Jefferson Ste.1200 South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key # 018 8025 1021 Tax Key # 018 8027 1101 Tax Key # 018 8026 1047 City of South Bend South Bend Dept of Redevelopment City of South Bend 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1046 Tax Key # 018 8026 1035 Tax Key # 018 8025 0994 South Bend Dept of Redevelopment South Bend Dept of Redevelopment City of South Bend 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8024 0974 Tax Key # 018 8025 1001 Tax Key # 018 8025 1008 South Bend Dept of Redevelopment South Bend Dept of Redevelopment Linda Green Betty Franklin 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 C/O Jamisha Williams South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46613 Tax Key # 018 8025 1015 Tax Key # 018 8026 1034 Tax Key # 018 8025 1017 City of South Bend South Bend Dept of Redevelopment South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 227 W Jefferson Blvd Ste.1200 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 80261038 Tax Key # 018 80261055 Tax Key # 018 80261057 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8024 0984 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1006 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1004 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1060 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8024 0987 South Bend Dept of Redevelopment 227 WJefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8027 1086 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1005 City of South Bend 227 WJefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1042 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8027 0987 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1041 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1011 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8027 1083 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1064 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 0998 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1012 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1400 South Bend, IN. 46601 Tax Key # 018 8027 1085 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 0999 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 0997 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1058 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1045 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1062 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8026 1043 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1019 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8025 1009 South Bend Dept of Redevelopment City of South Bend South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 227 W Jefferson Blvd Ste.1200 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1056 Tax Key # 018 8027 1082 Tax Key # 018 8026 1054 Stephen & Martin Jr. Lentsch Mary Tavernier & EKJ Legacies Inc George & Theresa Strantz 750 W Indiana Ave 1002 S 25`h St 737 Donmoyer South Bend, IN. 46613 South Bend, IN. 46615 South Bend, IN. 46614 Taxx Key # 018 8032 1386 Tax Key # 018 8032 1385 Tax Key # 018 80311289 LARA Properties Corp. Robert Jr. & Stephen Ullery - BPWRDC of St.Joseph County PO Box 1651 730 W Indiana Ave 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46634 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key # 018 8031 1290 Tax Key # 018 8031 1291 Tax Key # 018 8027 1084 City of South Bend City of South Bend City of South Bend 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key #.018 8024 0986 Tax Key # 018 8025 1020 Tax Key # 018 8026 1044 Victoria Carrillo Abbie Mae lone & Judith Smith Welch Michelle Otolski 6281m6s Dr 1615 Williams 221 E 12" St ;,Mishawaka, IN. 46545 South Bend, IN. 46613 Mishawaka, IN. 46544 Tax Key # 018 8028 1149 Tax Key # 018 8028 1142 Tax Key # 018 8028 1157 Ziv Ran Homeworks Investments Inc Jacqueline Hawkins 1002 S Lafayette Blvd Ste.3 309 S Logan St 1622 Chapin St South Bend, IN. 46601 South. Bend, IN. 46615 South Bend, IN. 46613 Tax Key # 018 8028 1164 Tax Key # 018 8028 1150 Tax Key # 018 8032 1390 Allen Steed & Judith Smith Welch Premier Real Estate Solutions Whitney Vandergrift 1615 5 William St 3040 W Jerome 53265 Bonvale Dr South Bend, IN. 46613 Chicago, IL. 60645 South Bend, IN. 46635 Tax Key # 018 8028 1143 Tax Key # 018 8031 1294 Tax Key # 018 8031 1329 Patricia Birky Arturo & Noemi Maldonado Mi Casa Funding Group LLC 23752 Roosevelt Rd 1817 Chapin 53393 Peggy Ave South Bend, IN. 46614 South Bend, IN. 46613 South Bend, IN. 46635 Tax Key # 018 8031 1357 Tax Key # 018 8032 1401 Tax Key # 018 8032 1389 Jose & Guillermina Ruiz Jorge Navarro South Bend Redevelopment Dept 1617 S Kendall 630 W Indiana 227 W Jeffersn Ste.1400 South Bend, iN. 46613 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key # 018 8031 1293 Tax Key # 018 8026 1074 Tax Key # 018 8024 0988 South Bend Redevelopment Dept South Bend Redevelopment Dept South Bend Redevelopment Dept 227 W Jeffersn Ste.1200 227 W Jeffersn Ste.1400 227 W Jeffersn Ste.1400 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1063 Tax Key # 018 8026 1037 Tax Key # 018 8025 0995 South Bend Redevelopment Dept City of South Bend Board of Public Works Maoyu Shang 227 W Jeffersn Ste.1400 227 W Jefferson 1608 Leer St South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46613 Tax Key # 018 8025 1002 Tax Key # 018 80321418 Tax Key # 018 8032 1408 NEY Jersey Ind & ILL RR Arturo Malnonado City of South Bend 110 Franklin Rd. 1617 Chapin 227 W Jefferson Ste 1400 Roanoke,VA.24042 South Bend, IN. 46613 South Bend, IN. 46601 Tax Key # 018 8023 093001 Tax Key # 018 5032 1401 Tax Key # 018 8025 1028 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 018 8027 1093 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8053 2129 Jewels Lentine 1023 W Dubai l Ave South Bend, IN. 46613 Tax Key # 018 8054 2162 Area Restoration Inc 64735 Snowberry Rd North Liberty, IN. 46554 Tax Key # 018 8054 2167 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8024 0965 Emma Williams 508 S Walnut South Bend, IN. 46619 Tax Key # 018 8054 2142 Monique Inc 3019 S Michigan South Bend, IN. 46614 Tax Key # 018 8054 2158 South Bend 22801 Ireland Rd South Bend, IN. 46614 Tax Key # 018 8052 2119 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8052 211401 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8024 0970 Brian Breon II & Susan Porras 960S14 th St Apt. F Grover Beach, CA. 93433 Tax Key # 018 8054 2164 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8053 2125 Moshe Buchholz 309 5 Logan St South Bend, IN. 46615 Tax Key # 018 8054 2166 Emma Williams 508 S Walnut South Bend, IN. 46619 Tax Key # 018 8054 2143 South Bend Dept.of Redevelopment 227 W Jefferson Ste 1200 South Bend, IN. 46601 Tax Key # 018 8053 2136 Veen Beened 1512 Prairie Ave South Bend, IN. 46613 Tax Key # 018 8053 2122 City of South Bend 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8053 2137 John Rickey 25064 Aqua Dr Elkhart, IN. 46514 Tax Key # 018 8054 2161 Joan Churchill 1623 Kemble Ave South Bend, IN. 46613 Tax Key # 018 8054 2170 South Bend Dept of Redevelopment 227 W Jefferson Blvd Ste.1200 South Bend, IN. 46601 Tax Key # 018 8024 0966 Dawn Lewis 1607 Prairie Ave South Bend, IN. 46614 Tax Key # 018 8059 2351 Elva Bautista 1024 W Indiana Av South Bend, IN.46613 Tax Key # 018 8054 2156 Barak Group LLC 623 E LaSalle Ave South Bend, IN. 46617 Tax Key # 018 8054 2165 Eddie Clay 1017 W Dubail St South Bend, IN. 46613 Tax Key # 018 8054 2163 City of South Bend Curtis Krol Beened Veen 227 W Jefferson Ste 1200 1031 Dubai] 1512 Prairie Ave South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8053 2131 Tax Key # 018 8054 2160 Tax Key # 018 8053 2121 Victor & Herminia Madera Barbara Williams DOS KIND LP 1617 Kemble 1611 S.Kemble PO Box 10D14 South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46680 Tax Key # 018 8054 2169 Tax Key # 018 8054 2168 Tax Key # 018 8054 2146 City of South Bend City of South Bend Armando & Elva Bautista Board of Public Works 227 W Jefferson Ste 1200 508 S Walnut 227 W Jefferson South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8024 0972 Tax Key # 018 8053 2132 Tax KPv # 01 R R032 141A Armando & Elva Bautista South Bend Dept.of Redevelopment City of South Bend 508 S Walnut 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8053 2133 Tax Key # 018 8024 0971 Tax Key # 018 8053 2127 St.Joseph County South Bend Dept of Redevelopment South Bend Dept.of Redevelopment 227 W Jefferson Ste 12005 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8053 2130 Tax Key # 018 8024 0969 Tax Key # 018 8053 2135 South Bend Dept.of Redevelopment Hopewell Baptist Church Inc Beened Veen 227 W Jefferson Ste 1200 1533 Prairie Ave 1514 Prairie Ave South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8024 0973 Tax Key # 018 8052 211402 Tax Key # 018 8053 2120 City of South Bend Linda Allen South Bend Dept of Redevelopment 227 W Jefferson Ste 1200 721 N Johnson St 227 W Jefferson Ste 1200 South Bend, IN. 46601 South Bend, IN. 46628 South Bend, IN. 46601 Tax Key # 018 8053 2123 Tax Key # 018 8024 0964 Tax Key # 018 8024 0968 South Bend Dept of Redevelopment South Bend Dept.of Redevelopment City of South Bend 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8053 2124 Tax Key # 018 8053 2126 Tax Key # 018 8024 0967 MM Vance LLC City of South Bend South Bend Dept.of Redevelopment 1531 Kemble Ave 227 W Jefferson Ste 1200 227 W Jefferson Ste 1200 South Bend, IN. 46613 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8053 2139 Tax Key # 018 8052 2114 Tax Key # 018 8024 0990 South Bend Tribune Corp James & Carol Amundson James & Carol Amundson 223 W Colfax Av 11740 E 500 N 11740 E 500 N South Bend, IN. 46601 Grovertown, IN. 46531 -GreveA,0Wn,- IN- 4,6531 Tax Key # 018 8021084704 Tax Key # 018 8024 0981 P#eIdy;q -018 8024 0482EAiu �7 �� Indiana Bell Telephone Co.lnc One Bell Ctr Room 36 -M -01 „!! �---- Saint Louis, MO. 63101 ..f Tax Key # 018 8021084703 CITY Ci Ef ;Z. ERI•' ' :J i ' IN , 1W>P1A1-1 Uanch, f/arner aV Associates, Inc. Land Surveyors 0 Professional Engineers Landscape Architects m Land Planners Office: (574)234 -4003 / (800)594 -4003 0 Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4 °i Floor County -City Building South Bend, Indiana 46601 December 4, 2014 RE: Rezoning Petition for properties located in portions of the 500, 600, 700, 800, 900 Blocks of Indiana Avenue, portions of the 1500 Blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street, South Bend, Indiana,: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their properties located in portions of the 500, 600, 700, 800, 900 Blocks of Indiana Avenue, portions of the 1500 Blocks of Prairie Avenue, Kemble Street, Catalpa Street, Chapin Street, Kendall Street, Scott Street and Taylor Street, South Bend, Indiana. This requested Rezoning would allow for the approval of an LI Light Industrial zoning classification to allow for future industrial development of various types for Ignition Park South development and adjacent properties. Our clients believe the uses proposed for this portion of the Indiana Avenue Corridor would be a compatible with the surrounding mixed residential, commercial and industrial uses in the neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. SincereI Michael J. Danch President Danch, Hamer & Associates File No. 140249.1 "C" Md. Filed sifie Ji2t�. i CITY CLEM", iii: raiiLivd2,IN ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES: All Public Alleys & Streets bounded by Kemble Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the East and Indiana Avenue on the South all in the City of South Bend, Indiana, STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following properties: 1). The first North -South Public Alley East of Kemble Street running for a distance of 411 feet more or less from Indiana Avenue on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width that varies from 7 feet to 14 feet. 2). The first East -West Public Alley North of Indiana Avenue running for a distance of 158 feet more or less from Catalpa Street on the East to the first North -South Public Alley on the West and having a width of 12 feet. 3). Catalpa Street running for a distance of 411 feet more or less from Indiana Avenue on the South Norfolk & Southern Railroad (Old Penn Central RR) on the North having a width of 45.45 feet. 4). The first North -South Public Alley East of Catalpa Street running for a distance of 279.3 feet more or less from an East -West Public Alley on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width of 14 feet. 5). The first East -West Public Alley North of Indiana Avenue running for a distance of 261.32 feet more or less from Catalpa Street on the West to Chapin Street on the East and having a width of 12 feet. 6). Chapin Street running for a distance of 411.4 feet more or less from Indiana Avenue on the South Norfolk & Southern Railroad (Old Penn Central RR) on the North having a width of 50 feet. 2 7). The first North -South Public Alley East of Chapin Street running for a distance of 411.5 feet more or less from Indiana Avenue on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width of 14 feet. 8). The first East -West Public Alley North of Indiana Avenue running for a distance of 261.32 feet more or less from Chapin Street on the West to Kendall Street on the East and having a width of 12 feet. 9). Kendall Street running for a distance of 411.6 feet more or less from Indiana Avenue on the South Norfolk & Southern Railroad (Old Penn Central RR) on the North having a width of 50 feet. 10). The first North -South Public Alley East of Kendall Street running for a distance of 398.6 feet more or less from Indiana Avenue on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width of 14 feet. 11). The first East -West Public Alley North of Indiana Avenue running for a distance of 261.32 feet more or less from Kendall Street on the West to Scott Street on the East and having a width of 12 feet. hereby determines that it is desirable to vacate said properties. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property Tax Key Numbers may be injuriously or beneficially affected by such vacating: riIIYryX,SJ;aAF 18- 8024 -0971 18- 8024 -0970 18- 8024 -0967 18- 8024 -0966 18- 8024 -0973 18- 8024 -0974 18- 8024 -0986 18- 8024 -0987 18- 8024 -0990 18- 8024 -0991 18- 8025 -1022 18- 8025 -1023 18- 8025 -0999 18- 8025 -0998 18- 8025 -0995 18- 8025 -0994 18- 8025 -1003 18- 8025 -1004 18- 8025 -1007 18- 8025 -1025 18- 8025 -1028 18- 8025 -1029 18- 8025 -1013 18- 8025 -1012 18- 8025 -1009 18- 8025 -1008 18- 8024 -0969 18- 8024 -0965 18- 8024 -0984 18- 8024 -0988 18- 8024 -0992 18- 8025 -1024 18- 8025 -0997 18- 8025 -1001 18- 8025 -1005 18- 8025 -1026 18- 8025 -1030 18- 8025 -1011 18- 8025 -1015 18- 8024 -0968 18- 8024 -0964 18- 8024 -0985 18- 8024 -0989 18- 8024 -0993 18- 8025 -1000 18- 8025 -0996 18- 8025 -1002 18- 8025 -1006 18- 8025 -1027 18- 8025 -1014 18- 8025 -1010 18- 8025 -1016 18- 8025 -1017 18- 8025 -1021 18- 8026 -1048 18- 8026 -1042 18- 8026 -1034 18- 8026 -1041 18- 8026 -1051 18- 8025 -1018 18- 8025 -1031 18- 8026 -1050 18- 8026 -1040 18- 8026 -1035 18- 8026 -1043 18- 8026 -1052 18- 8025 -1019 18- 8025 -1032 18- 8026 -1046 18- 8026 -1038 I8- 8026 -1037 18- 8026 -1045 18- 8026 -1053 18- 8025 -1020 18- 8025 -1033 18- 8026 -1044 18- 8026 -1036 18- 8026 -1039 18- 8026 -1047 SECTION IV. The purpose of the vacation of the real properties is to vacate that portion of all the Public Alleys and Streets in the described area to allow for the creation of a subdivision plat for future development. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk o-(* ( Member of the Common C ncil �w ( and Counan �1 1 h GV3f i c 1 J Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2015, at o'clock . M. City Clerk Approved and signed by me on the day of 2015, at o'clock . M. 1 st READING -11. -� 3' PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Mayor, City of South Bend, Indiana Red, in Office JAN -; c ?2 CITYC;.a.�:;n;�,Sa;.l;dy •:::o`3tE,)Pd 'I Uanch, "arnev- .associates, Inc. Land Surveyors M Professional Engineers Landscape Architects Land Planners Office: (574)234-4003 /(800)594 -4003 Fax: (574)234-4009 1643 Commerce Drive . South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4'h Floor County -City Building South Bend, Indiana 46601 December 24, 2014 RE: Vacation Petition for several Alleys & Streets bounded by Kemble Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the East and Indiana Avenue on the South all in the City of South Bend, Indiana: Dear Council Members: On behalf of our clients, City of South Bend Department of Community Investment, we are requesting the approval of the Vacation for all the Public Alleys & Streets bounded by Kemble Street on the West, the Norfolk & Southern Railroad (Old Penn Central RR) on the North, Scott Street on the East and Indiana Avenue on the South all in the City of South Bend, Indiana. The reason for this request is to allow for the next phase of development to be known as Ignition Park South. Once the Alleys and Streets are vacated, it will allow the City to move ahead with creating a new subdivision for Ignition Park South. We would request that this Vacation Petition be heard at the same time as the Rezoning Petition for this area. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sin rely, Michael J. Danch President Danch, Hamer & Associates File #140249.2 CITY L .wa3:c, ;: .. , . .: >rEr tt@ PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) To the Common Council Date: 1 -7 -15 of the City of South Bend, Indiana We, the undersigned property owner(s), petition you to vacate: 1). The first North -South Public Alley East of Kemble Street running for a distance of 411 feet more or less from Indiana Avenue on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width that varies from 7 feet to 14 feet. 2). The first East -West Public Alley North of Indiana Avenue running for a distance of 158 feet more or less from Catalpa Street on the East to the first North -South Public Alley on the West and having a width of 12 feet. 3). Catalpa Street running for a distance of 411 feet more or less from Indiana Avenue on the South Norfolk & Southern Railroad (Old Penn Central RR) on the North having a width of 45.45 feet. 4). The first North -South Public Alley East of Catalpa Street running for a distance of 279.3 feet more or less from an East -West Public Alley on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width of 14 feet. 5). The first East -West Public Alley North of Indiana Avenue running for a distance of 261.32 feet more or less from Catalpa Street on the West to Chapin Street on the East and having a width of 12 feet. 6). Chapin Street running for a distance of 411.4 feet more or less from Indiana Avenue on the South Norfolk & Southern Railroad (Old Penn Central RR) on the North having a width of 50 feet. 7). The first North -South Public Alley East of Chapin Street running for a distance of 411.5 feet more or less from Indiana Avenue on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width of 14 feet. 8). The first East -West Public Alley North of Indiana Avenue running for a distance of 261.32 feet more or less from Chapin Street on the West to Kendall Street on the East and having a width of 12 feet. 9). Kendall Street running for a distance of 411.6 feet more or less from Indiana Avenue on the South Norfolk & Southern Railroad (Old Penn Central RR) on the North having a width of 50 feet. 10). The first North -South Public Alley East of Kendall Street running for a distance of 398.6 feet more or less from Indiana Avenue on the South to the Norfolk & Southern Railroad (Old Penn Central RR) on the North and having a width of 14 feet. 11). The first East -West Public Alley North of Indiana Avenue running for a distance of 261.32 feet more or less from Kendall Street on the West to Scott Street on the East and having a width of 12 feet. Tax Key Numbers owned by the Petitioner: 18- 8053 -2123 18- 8053 -2124 18- 8053 -2125 18- 8053 -2126 18- 8053 -2135 18- 8053 -2136 18- 8053 -2137 18- 8053 -2127 18- 8053 -2129 18- 8053 -2130 18- 8053 -2131 18- 8024 -0972 18- 8024 -0971 18- 8024 -0970 18- 8024 -0969 18- 8024 -0968 18- 8024 -0967 18- 8024 -0966 18- 8024 -0965 18- 8024 -0964 18- 8024 -0973 18- 8024 -0974 18- 8024 -0984 18- 8024 -0985 18- 8024 -0986 18- 8024 -0987 18- 8024 -0988 18- 8024 -0989 18- 8024 -0990 18- 8024 -0991 18- 8024 -0992 18- 8024 -0993 18- 8025 -1022 18- 8025 -1023 18- 8025 -1024 18- 8025 -1000 18- 8025 -0999 18- 8025 -0998 18- 8025 -0997 18- 8025 -0996 18- 8025 -0995 18- 8025 -0994 18 -8025 -1001 18- 8025 -1002 18- 8025 -1003 18- 8025 -1004 18- 8025 -1005 18- 8025 -1006 18- 8025 -1007 18- 8025 -1025 18- 8025 -1026 18- 8025 -1027 18- 8025 -1028 18- 8025 -1029 18- 8025 -1030 18- 8025 -1014 18- 8025 -1013 18- 8025 -1012 18- 8025 -1011 18- 8025 -1010 18- 8025 -1009 18- 8025 -1008 18- 8025 -1015 18- 8025 -1016 18- 8025 -1017 18- 8025 -1018 18- 8025 -1019 18- 8025 -1020 18- 8025 -1021 18- 8025 -1031 18- 8025 -1032 18- 8025 -1033 18- 8026 -1048 18- 8026 -1050 18- 8026 -1046 18- 8026 -1044 18- 8026 -1042 18- 8026 -1040 18- 8026 -1038 18- 8026 -1036 18- 8026 -1034 18- 8026 -1035 18- 8026 -1037 18- 8026 -1039 18- 8026 -1041 18- 8026 -1043 18- 8026 -1045 18- 8026 -1047 18- 8026 -1051 18- 8026 -1052 18- 8026 -1053 18- 8026 -1065 18- 8026 - 106502 18- 8026 - 106501 18- 8026 -1066 18- 8026 -1067 18- 8026 -1063 18- 8026 -1062 18- 8026 -1059 18- 8026 -1058 18- 8026 -1055 18- 8026 -1054 18- 8026 -1056 18- 8026 -1057 18- 8026 -1060 18- 8026 -1061 18- 8026 -1064 18- 8027 -1092 18- 8027 -1090 18- 8027 -1093 18- 8027 - 109301 18- 8027 -1095 18- 8027 -1087 18 -8027 -1086 18- 8027 -1084 18- 8027 -1083 18- 8027 -1082 18- 8026 -1072 18- 8026 -1071 18- 8026 -1070 NAME (signed & printed) & ADDRESS City of South Bend - Department of Community Investment 14' Floor County-City Building South Bend, Indiana 46601 A-- 19'avid Relos: City of South Bend Department of Community Investment Office of the City Clerk John Voorde, City Clerk Room 455- County-City Building South Bend, IN 46601 574- 235 -9221 CONTACT PERSON NAME: Michael J. Danch Danch, Hamer and Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 PHONE: 574- 234 -4003 e -mail: mdanch@danchamer.com �.,. - "fir..... U'ff t7"J,M Property Owners Within 150 Feet City of South Bend City of South Bend City of South Bend 1200 County City Bldg 1200 County City Bldg 1200 County City Bldg South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8021084912 Tax Key # 018 8021084913 Tax Key # 018 8021084901 City of South Bend City of South Bend South Bend Redevelopment 1200 County City Bldg 1200 County City Bldg 227 W Jefferson #1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8021084905 Tax Key # 018 8021084916 Tax Key # 018 8021084902 Data Realty Northern Indiana South Bend Supply Co Martins Supermarkets 1400 E Angela PO Box 2778 PO Box 2709 South Bend, IN. 46617 Newport News, VA. 23609 South Bend, IN. 46680 Tax Key # 018 8021084914 Tax Key # 018 8024 0944 Tax Key # 018 8023 0913 MY Jersey IND and ILL RR South Bend Redevelopment City of South Bend 110 Franklin Rd 227 W Jefferson Blvd Ste 1400 227 W Jefferson Ste.1200 Roanoke,VA.24042 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8023 093001 Tax Key # 018 8026 106502 Tax Key # 018 8026 1059 City of South Bend City of South Bend City of South Bend 227 W Jefferson Ste 1200 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 106501 Tax Key # 018 8026 1066 Tax Key # 018 8026 1067 City of South Bend City of South Bend City of South Bend 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 227 W Jefferson Ste.1200 South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1063 Tax Key # 018 8026 1065 Tax Key # 018 8026 1058 City of South Bend City of South Bend City of South Bend 227 W Jefferson Ste.1200 1300 County City Building 1200 County City Bldg South Bend, IN. 46601 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 018 8026 1062 Tax Key # 018 8031 1323 Tax Key # 018 8031 1324 City of South Bend Michael & Donna Myers Mike Medich & Melanie Obren 1300 County City Bldg 63200 Maple Rd 826 W Indiana Ave South Bend, IN. 46601 South Bend, IN. 46614 South Bend, IN. 46613 Tax Key # 018 8031 1325 Tax Key # 018 8031 1326 Tax Key # 018 8032 1410 Mike Medich & Melanie Obren Stephen & Martin Lentsch EKJ Legacies Inc & Mary Tavernier 826 W Indiana Ave 750 E Indiana Ave 1002 S 2511 St South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46615 Tax Key # 018 8032 1409 Tax Key # 018 8032 1386 Tax Key # 018 8032 1385 George & Theresa Strantz LARA Properties Corp Stephen & Robert Ullery 737 Donmoyer PO Box 1651 730 W Indiana Av South Bend, IN. 46614 South Bend, IN. 46634 South Bend, IN. 46613 Tax Key # 018 8031 1289 Tax Key # 018 8031 1290 Tax Key # 018 8031 1289 Maoyu Shang City of South Bend David Wilkin 1608 Leer St 227 W Jefferson BI 19614 Rolling Acres Dr South Bend, IN. 46613 South Bend, IN. 46601 South Bend, IN. 46614 Tax Key # 018 8032 1408 Tax Key # 018 8032 1418 Tax Key # 018 8032 1417 Roseland Land & Finance Corp Ronald Grow Ping Zhu Ping 241 E Saginaw 16329 Old Bayou Rd 11421 Crocus Ct East Lansing, MI. 48823 Granger, IN. 46530 Plymouth, IN. 46563 Tax Key # 018 8032 1399 Tax Key # 018 8032 1398 Tax Key # 018 8032 1397 Ping Zhu Ping Stephen & Martin Lentsch Kraft Tire Service Inc 11421 Crocus Ct 750 W Indiana Ave 720 W Indiana Plymouth, IN. 46563 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8032 1396 Tax Key # 018 8032 1387 Tax Key # 018 8031 1321 James Urbanski 718 W Indiana Ave South Bend, IN. 46613 Tax Key # 018 8031 1322 f !��i 7 •lnef VACATION DIAGRAM A PART OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AREA TO BE VACATED 0 200 400 600 SCALE F = 200' Danch.Hamer &Ais" eeo 1nG AM Land Surveyors • Professional Engineers Landscape Architects- Land Planners Ol.: (574)234 -4003 / (600)594 —M 3 . Fc. (574)234-4119 1643 Commerce uthre . South Bend, IN 46628 2 2 VACATION DIAGRAM A PART OF THE NORTHWEST AND NORTHEAST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AREA TO BE VACATED I 0 200 400 600 SCALE 1' = 200, Daxch. Harrier drAeeoc tee,1fm Land Surveyors • Professional Engineers Landscape Architects- Land Planners OHke: (574)234 -4003 / (600)594 -4D03 . F. (574)234-4119 1643 Commerce Drive • Soulh Bend, IN 46628 Filed in ^ U §°offic CITY!,e"... I 2